CGV Experts

TERMS OF USE EXPERTS

(French translation - Updated 1-04-2022)

These general conditions of use only concern users of the "Expert of the Web Application.

The services of the Web Application are reserved for entities with SIRET registration and the status of "professional», as defined by the introductory article of the Consumer Code.

Factomos is a simplified joint-stock company, with a capital of 97,393 euros, registered with the Paris Trade and Companies Register under number 802 546 895, whose registered office is at 10, rue de la Paix - 75002 Paris. The Company's intra-community VAT number is FR11802546895.

Factomos can be contacted by email at the address: contact@factomos.com, and by telephone at the number indicated on the Website.

ARTICLE 1: DEFINITIONS

“Expert Subscription” : refers to the subscription contract taken out by the Expert with a view to creating Expert Accounts.

" Web application " : means the application on which the services of Factomos can be used by the User. The Web Application is accessible at the URL address https://app.factomos.com .

“Beneficiary(ies)”  : refers to any third party on whose behalf the Expert has activated an Expert Account within the framework of the Expert Subscription.

“TOS” : refers to these general conditions of use Experts.

“GTC”:  means the Experts general terms and conditions of sale accepted by the Expert when subscribing, modifying or renewing the Expert Subscription.

"Collaborator(s)" : designates any person authorized by the Expert to connect to the Private Area.

" Accounts) "  : refers to any user account for the services provided by the Web Application, to which the Expert has a right of access in the Private Space. This includes Expert Accounts, Partner Accounts, and Third Party Accounts, individually or jointly.

“Beneficiary Account(s)”  : designates any Account used by a Beneficiary for the management of his invoicing within the framework of the Expert Subscription.

“Expert Account(s)”  : designates any Account used within the framework of the Expert Subscription, and therefore corresponding either to a Beneficiary Account, or to an Internal Account.

“Internal Account”  : designates the Account used by the Expert within the framework of the Expert Subscription, in order to allow him to manage his own invoicing

“Partner Account(s)”  : refers to the Account created for a Partner.

“Third Party Account(s)”  : refers to any Account created directly by a third party (non-Partner) in order to be able to use the Web Application, and to which the third party has granted the Expert a right of access.

" Content "  : designates all the information entered or downloaded by the User as well as the documents created on the Web Application.

" Contract "  : refers to the contractual relationship established between Factomos and the Expert User as a result of the use of the Web Application and materialized by the T&Cs and, where applicable, by the T&Cs.

" Private space "  : refers to the account created or activated by the Expert on the Web Application allowing him to access the services referred to in Article 4 below.

“Partner(s)”  : refers to any client/partner of the Expert invited by Factomos, at the request of the Expert, to use an Account, first of all free of charge for a trial period of 30 (thirty) days, then for the payment of a subscription, taken out directly by the Partner.

“Part(s)”  : refers to Factomos and the Expert User, taken individually or jointly.

" Website "  : refers to the website    factomos.com   . 

 
“User(s)”   : refers to any user of the Web Application, including in particular Expert Users, Beneficiaries, Partners, etc., taken individually or jointly.

 
“Expert User(s)”   : designates the Expert and the Collaborators, taken individually or jointly.

  ARTICLE 2: PURPOSE AND OPPOSABILITY OF THE T&Cs

  The purpose of the T&Cs is to define the conditions under which Factomos agrees to allow the Expert User to use the Web Application.

  The T&Cs are made available to the Expert User on the Website where they can be directly consulted at all times.

  The T&Cs are enforceable against the Expert User who acknowledges having fully understood them and having accepted them, by ticking a box provided for this purpose when creating/activating the Private Space or when first connecting to the Space. Private.

  In return for accessing and using the Web Application, the Expert User undertakes to comply with the T&Cs as well as all the laws and regulations in force.

 ARTICLE 3: CREATION OR ACTIVATION OF A PRIVATE SPACE

  The Expert can directly take the initiative to create his Private Space. In this case, the Expert must, on the one hand, fill in his email address and password and, on the other hand, accept the T&Cs by ticking the box provided for this purpose.

  The Expert may also be invited by the holder of a Third Party Account to have access to his Third Party Account through the Private Area. In this case, the holder of the Third Party Account provides the Expert's email address so that Factomos sends him his temporary access codes. With these access codes, the Expert can activate his Private Space, after having accepted the T&Cs by ticking the box provided for this purpose.

  To be able to use the services referred to in Articles 4.1 and 4.2 below, the Expert must first complete the information sheet in the "   Profile   ".

  The Expert undertakes to provide valid, current, true information and to keep it up to date.

  The Expert is solely responsible for the information provided by him.

  In the event of a breach by the Expert of one of the obligations mentioned above, Factomos reserves the right to remove the Expert's access to the Private Space, without notice or compensation.

  The costs related to the Internet access necessary to access the Web Application are the responsibility of the User.

 
ARTICLE 4: MAIN SERVICES AVAILABLE IN THE PRIVATE SPACE

  4.1    Partner Prospecting

  The Expert has the option of asking Factomos to invite its Partners to use the Web Application.

  To this end, the Expert may, in the section "   Create Account   », enter the identification information of the Partner. Factomos then sends an email to this Partner to allow him to connect to his Partner Account and to benefit from a trial period of 30 (thirty) days from receipt of the email.

  Upon creation of the Partner Account, the Expert automatically benefits from a right of access to this Partner Account in "   consultation   ". This right of access may be revoked at any time by the Partner or by the Expert (dissociation from the Partner Account).

  At the end of this trial period, if the Partner takes out a subscription with Factomos, the latter will pay the Expert a commission of 15% (fifteen percent) of the sums collected under the subscription taken out by the Partner. . This commission will cease to be paid in the event of the occurrence of one of the following two events:

• if the Partner Account is dissociated from the Private Area;
• in the event of termination of the commercial relationship between Factomos and the Expert (resulting in the deletion of the Expert's Private Space).

  The Expert will be able to follow on his Private Space the list of Partners for which a subscription is in progress and the amount of the corresponding commission.

  At the end of each calendar quarter, the invoice corresponding to the amount of the commission due for all the subscriptions paid by the Partners during the period in question is issued. To this end, unless otherwise agreed between the Parties, the Expert hereby gives an invoicing mandate to Factomos, in order to allow it to publish itself, in the name and on behalf of the Expert, the invoices corresponding to the commission due. Factomos will pay these invoices within 30 (thirty) days from their date of issue.

  In the event of non-payment of an invoice on its due date, even partially, Factomos will be automatically liable for penalties corresponding to 3 (three) times the legal interest rate, as well as a lump sum indemnity of 40 (forty) euros for internal collection costs. If the recovery costs actually incurred are greater than this lump sum, additional compensation may be requested upon justification.

  4.2    Expert Subscription

  The Expert has the choice between several different offers, depending on the number of simultaneously active Expert Accounts that he wishes to be able to use or allow his Beneficiaries to use.

  The Expert can also add options or additional Expert Accounts to the chosen offer.

  For each Expert Account, the basic services available on the Web Application are as follows:

• Billing management;
• Management of quotes and delivery notes;
• Contact management (customer and supplier files);
• Management of services (services and products);
• Purchase invoicing management;
• Online support.

  The Expert or the Beneficiary can also subscribe to one or more additional paying options such as:

• Banking Access;
• Addition of additional Collaborator(s)/User(s)
• Management of interconnections and API (additional services).

  4.3    Activation and management of Expert Accounts

1. Activation by creating Expert Accounts
   
   For the creation of the various Expert Accounts, the Expert must, in the section "   Create Account   », enter the identification information of the Beneficiary concerned (for the creation of a Beneficiary Account) or his own identification information (for the creation of an Internal Account).
   
   Factomos then sends an email to the contact address indicated by the Expert, in order to allow the Collaborator or the Beneficiary (depending on the nature of the Account concerned) to connect to the Expert Account, after having accepted the general conditions of use which are applicable to him. It is specified that the contact email address provided by the Expert in the event of the creation of an Internal Account, must be different from the email address used to create the Private Space.
   
   Upon activation of an Expert Account, the Expert automatically benefits from a right of access to this Expert Account.
   
   During his first connection to the Beneficiary Account, the Expert benefits from a right of access of the type "   administrator   in order to allow him, if necessary, to demonstrate the operation of the Web Application to the Beneficiary and to configure the Beneficiary Account.
   
   For any subsequent connection to the Beneficiary Account, the Expert will automatically only have access in "   consultation   (viewing the Account and performing exports), unless the Beneficiary has granted him a right of access of the type "   administrator   (all rights except deletion of the Account and deletion of the Account holder's email address) in the section "   Profile   ".
   
   
2. Activation by attachment of a pre-existing Account
   
   The Expert may at any time activate, as an Expert Account, any Partner Account or Third Party Account by activating the "   reattach   », provided that this attachment has been accepted by the holder of the Partner Account or the holder of the Third Party Account.
   
   In this case, the Account is not counted in the Expert Subscription until the next renewal of the Expert Subscription.
   
   
3. Management and dissociation of Expert Accounts
   
   Factomos reserves the right to delete any Expert Account in case of violation by the User of the general conditions of use of the Web Application which are applicable to him.
   
   The Expert may at any time   dissociate   » an Account, which has the consequence not only of removing his right of access to the Account, but also of removing this Account from the accounting of active Expert Accounts within the framework of his Expert Subscription.
   
   The Expert is considered to be the co-contractor of Factomos, under the use of the Beneficiary Account, as long as the latter has not been   dissociated   » in the Expert's Private Area.
   
   It is specified that the Beneficiary has the option of taking out a subscription directly for a service option in addition to the Expert Subscription already taken out by the Expert. In this case, the price of the option subscription is paid directly by the Beneficiary who, with regard to this subscription, remains the only co-contractor of Factomos.
   
   In case of "   dissociation   » of the Beneficiary Account of the Expert's Private Space, whether at the initiative of the Expert or the Beneficiary, the Expert automatically and immediately loses his right of access to the Beneficiary Account. An informative email is sent to the party concerned. Furthermore, the Beneficiary Account is no longer considered an Expert Account and is therefore no longer counted as part of the Expert Subscription.
   
   Concerning the subscription to a service option taken out directly by the Beneficiary, it is automatically and immediately terminated.
   
   Factomos then reimburses the price of the Beneficiary's option subscription in proportion to the number of days remaining until the expiry date of the subscription initially planned, in the form of a credit balance in the kitty attached to his Account. .
   
   The former Beneficiary may then continue to use his Account free of charge for a period of 30 (thirty) days from the dissociation of his Beneficiary Account. After this period, the former Beneficiary must have subscribed to one of the Factomos offers to be able to continue using his Account. If a subscription is not taken out, the Account will only be accessible in "   reading   » for an additional period of 30 (thirty) days. This means that the former Beneficiary will only be able to consult the Content, but will no longer be able to modify it, nor use the functionalities of the Web Application.
   
   At the end of this new period of 30 (thirty) days, access to the Account will be blocked but retained by Factomos for an additional period of 15 (fifteen) days. After this period, and if the former Beneficiary has still not taken out a subscription and therefore reactivated his Account, the Account will be deleted. However, the Content will be kept by Factomos for an additional period of 18 (eighteen) months. During this period of 18 (eighteen) months, the former Beneficiary may ask Factomos to reinstate the Account with reinstatement of the Content, it being specified that Factomos will invoice the costs of this specific service up to 100 (one hundred) euros excluding tax ( without taxes).

  4.4    Designation of Collaborators and configuration of their access rights

  Once the Expert Subscription has been taken out, the Expert has the possibility of allowing access to the Private Space to Collaborators. The number of Collaborators who can access the Private Space will depend on the type of offer and any options chosen by the Expert.

  To give Collaborators access to the Private Space, the Expert must enter in his Private Space the last name, first name, email addresses of the persons concerned, as well as the type of access granted to them.

  Factomos then sends an email to these Collaborators with a link to allow them to generate their password and access the Private Area, after having previously accepted the T&Cs.

  The Expert must also specify, for each Account, the Collaborators who may have access to it.

  The Expert is fully responsible for any use of the Web Application that will be made by the Collaborators. Consequently, in the event of a breach by one of the Collaborators of the stipulations of the T&Cs, this breach is likely to engage the responsibility of the Expert and to call into question the access to the Web Application by the Expert and the Collaborators.

  4.5    Other Private Space settings

  As part of the configuration of his Private Space, the Expert can in particular configure his chart of accounts and import his logo if he wishes it to be visible to the Beneficiaries, within their Beneficiary Account.

  4.6    Account Access Rights

  The rights of access to the Accounts granted to the Expert correspond at least to a right to consult the Content of the Account, to export invoices and import data.

  However, the Beneficiary, the Partner or the holder of a Third Party Account can configure his Account to grant the Expert access of the "   administrator   ", or even to remove any right of access to the Expert ("   dissociation   " Account).

  For his part, the Expert may also at any time dissociate an Account and consequently remove his right of access.

 
ARTICLE 5: CONFIDENTIALITY OF WEB APPLICATION ACCESS CODES

  The User is fully responsible for the use of his username and password, which he undertakes not to disclose to third parties. The User will bear the consequences of any use of the username and password by third parties who become aware of them. The username and password are proof of the User's identity. They have the value of an electronic signature within the meaning of the law of March 13, 2000.

  If the User forgets the password or suspects the User of fraudulent use of his password, the User has the "   I forgot my password   allowing him to modify it. In case of fraudulent use, the User will immediately inform Factomos.

 
ARTICLE 6: DETAILS CONCERNING THE ONLINE SUPPORT SERVICE IN THE FORM OF “CHAT”

  Factomos integrates into its online support service a "   Cat    allowing the User to make requests via a conversational channel within the Web Application. Factomos draws the User's attention to the fact that he should not expect immediate responses from technical support via this chat. Requests will be processed according to the availability of technical support.

  It is also specified that in the event of use deemed excessive or abusive of the service "   Cat   by the User, Factomos reserves the right to remove access to this service from the Account, without notice.

 
ARTICLE 7: AVAILABILITY OF SERVICES – RESPONSIBILITY

  7.1    Availability – Obligation of means

  The Web Application is normally accessible to Users 24 hours a day, 7 days a week.

  Factomos implements all reasonable means to ensure continuous access to the services of the Web Application, but is under no obligation to do so. Consequently, Factomos cannot be held responsible for any physical, material, financial or moral prejudice caused by the unavailability of the services of the Web Application or by their degraded access, and will have no obligation to pay any compensation with regard to the subscription possibly paid for this unavailability or degraded access.

  It is emphasized that Factomos cannot in particular guarantee the stability of transfer rates and response times, which are not the sole responsibility of Factomos but of the characteristics inherent in the Internet network and the services provided by third parties.

  Similarly, Factomos cannot be held responsible in the event of:

• failure of the Website/Web Application host;
• temporary unavailability of the Website/Web Application, resulting from maintenance operations;
• misuse by the User;
• unlawful exploitation of the Website/Web Application.

  Moreover, the Web Application operating through a computer environment placed under the management and responsibility of the User, Factomos cannot be held responsible in the event of malfunction of the Web Application related to an element of which it would not have direct control.

  Factomos reserves the right to carry out all maintenance operations necessary for the proper functioning of the Web Application and undertakes, whenever possible, to limit the duration thereof and to intervene during periods during which the inconvenience caused will be the most limited for the User.

  Factomos offers a Web Application which has been tested beforehand and which is compatible with most components used to connect and browse the Internet. Nevertheless, given its dependence on the services provided by third parties (in particular manufacturers of computer hardware and peripherals and software publishers), Factomos cannot under any circumstances be held responsible for any malfunctions in the availability or the quality of the Web Application.

  For optimal use of the Web Application, it is preferable that the User:

• is equipped with a broadband Internet connection (cable, ADSL, fiber) and has one of the following browsers (non-exhaustive list): Firefox 3.0 and later versions, Internet Explorer 7 and later versions, Chrome, Opera and Safari;
  
  
• has one of the following operating systems (non-exhaustive list):
   
• PC: Windows XP, Windows VISTA and later versions
   
• APPLE: Mac OS X and later

  The use of the Web Application requires the activation of Javascript on the browser (default configuration).

  It is up to the User to take all appropriate measures to minimize the harmful consequences linked in particular to a possible interruption of operation or a possible loss of the Content. Thus, the User is notably required to take all necessary measures to regularly save the Content.

  The User guarantees Factomos that his activity, for which he uses the Web Application, as well as the Contents will not be contrary to any law and regulation in force in France. Consequently, Factomos cannot be held responsible with regard to the activity organized by the User via the Web Application as well as the Content. The User guarantees Factomos against any recourse by third parties to this effect.

  7.2    Limitation of Liability

  In any case, the implementation of the possible responsibility of Factomos presents the following exclusions and limitations, it being specified that these exclusions and limitations of responsibility constituted one of the essential elements taken into account when determining a share, of the price of the Expert Subscription and, where applicable, of the optional subscription taken out by the Beneficiary or of the free use of certain features of the Private Space.

 
Exclusion of consequential damages:

  Under no circumstances shall Factomos or its managers, employees or agents be held liable for any indirect, consequential or incidental damages which are therefore expressly excluded from the scope of compensation, including in particular, without limitation, any loss of profits, income or data resulting from the use of the Web Application, any content or other elements, accessible or downloaded from the Web Application, even if Factomos is aware or has been informed of the possibility of such damages occurring.

 
Limitation for direct damages for use of the Web Application as part of an Expert Subscription:

  Given the smallness of the Expert Subscription, and where applicable the optional subscription, paid to access the services of the Web Application, the responsibility of Factomos with regard to the User, whatever either the basis and form of the action, is expressly limited, on the one hand, to damages for which a direct link with the Web Application has been proven and, on the other hand and in any event, to the total amount of the Expert Subscription or the optional subscription paid during the last 12 (twelve) months preceding the User's complaint.

 
Limitation for direct damages following use of the Web Application for services not subject to subscription to an Expert Subscription:

  Given the free access to some of the features of the Web Application available within the Private Space, the User accepts that any compensation is limited to the precautionary measures that he had to take without being able to claim no other compensation.

 
ARTICLE 8: TERMINATION OF THE CONTRACT

  The Contract remains in force as long as the Expert User has access to the Private Space.

  The Expert has the option of terminating the Contract at any time by asking Factomos to delete his Private Space.

  Furthermore, the Contract may be terminated by either Party in the event of breach by the other Party of one of its obligations under the Contract.

  Factomos reserves the right, in addition to the request for compensation for its damage, to terminate the Contract without notice, at the fault of the Expert, and where applicable of a Collaborator, by sending him / them an e-mail, in particular in the following cases:

• illicit use, attempted illicit use or complicity in illicit use of the Web Application (in particular hacking, counterfeiting or the use of fraudulent contact details/means of payment, etc.);
• breach by an Expert User of one or other of the obligations incumbent upon him under the Contract;
• non-payment of the Expert Subscription, following a rejection of direct debit by the bank, after a period of 30 (thirty) days following the formal notice to pay sent by Factomos to the Expert, by e-mail, and invoking the implementation of this termination clause.

  Factomos also reserves the right to terminate the Contract without notice, by sending an e-mail to the Expert User, in the event of cessation of operation of the Web Application, and in particular in the event of a decision or injunction by the public authority, a jurisdiction, or legal or regulatory provisions directly or indirectly imposing the cessation of operation of the Web Application.

 
ARTICLE 9: EFFECTS OF THE TERMINATION OF THE CONTRACT

  From the day of the effective termination of the Contract, the Expert User will no longer be able to access the Private Space.

 
All Expert Accounts will automatically switch to free use for a period of 30 (thirty) days from the termination of the Contract.

 If a subscription is not taken out at the end of this period, the Account will only be accessible in "   reading   » for a period of 30 (thirty) days. This means that the User will only be able to consult the Content, but will no longer be able to modify it, nor use the functionalities of the Web Application.

  At the end of this new period of 30 (thirty) days, access to the Account will be blocked but retained by Factomos for an additional period of 15 (fifteen) days. After this period, and if the User has still not taken out a subscription and therefore reactivated his Account, the Account will be deleted. However, the Content will be kept by Factomos for an additional period of 18 (eighteen) months. During this period of 18 (eighteen) months, the User may ask Factomos to reinstate the Account with reintegration of the Content, it being specified that Factomos will invoice the costs of this specific service up to 100 (one hundred) euros excluding tax (excluding taxes).

  By way of derogation from the above, in the event of termination of the Contract by Factomos, due to a breach by an Expert User of his obligations (other than a payment default), the Internal Account is immediately blocked for a period of 6 (six) months, then deleted with retention by Factomos of the Content for an additional period of 18 (eighteen) months.

 
ARTICLE 10: EXPORT OF CONTENT

  The Expert may at any time export all of the Content up to the date of deletion of the Internal Account.

  Once the Internal Account has been blocked by Factomos, the Expert can still export the Content by clicking on the link that appears when he tries to connect to the Internal Account.

 
ARTICLE 11: INTELLECTUAL PROPERTY

  Factomos is the sole owner or licensee of all intellectual property rights relating to:

• the functionalities of the Web Application and the Website including updates, corrections, adaptations and improvements;
  
  
• its trademarks, names, acronyms, logos, colors, graphic elements or other distinctive signs,
  
  
• to database architectures.

 The Expert User is not authorized to publish, distribute, extract, reuse or reproduce said content in any physical form whatsoever (including photocopying it or storing it on any type of medium electronically).

  The Website, the Web Application and all software, information presentations, names, trade names, product or service brands, inventions, and in general any creation of any kind accessible using of the Web Application, remain the exclusive property of their respective owners, namely Factomos, the publishers and any other rights holder concerned.

  All of the programs, services and functionalities are used under license and only confer on the Expert User a simple right of personal, non-exclusive, non-transferable use and limited to the duration during which the Private Space is active.

  The Contract does not entail any transfer or concession of intellectual property rights for the benefit of the Expert User apart from the right to access the Web Application and use its functionalities in compliance with the stipulations of the Contract.

  Under this license, the Expert User is not authorized to, in whole or in part, copy, photocopy, reproduce, translate, extract the source code, modify, disassemble, decompile, create derivative products inspired by the programs, services or features, or remove any identification of the owner's name without prior written permission.

  Factomos hosts the User's Content, and has no intellectual property rights over said Content other than those granted to it by the User for the purposes of using the Web Application.

 
ARTICLE 12: PROTECTION OF PERSONAL DATA

  The personal data collected by Factomos as part of the operation of the Web Application is collected, processed and stored in accordance with the laws and regulations on the protection of personal data and in particular the Data Protection Act of January 6, 1978, in its version currently in force, and to Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation - “   GDPR   -).

 
For more information concerning the processing of his personal data, the User can consult Factomos' personal data processing policy:   https://factomos.com/personal-data

  ARTICLE 13: PROTECTION OF CONFIDENTIAL INFORMATION

  Factomos will keep confidential the information of any kind whatsoever, which will have been transmitted to it by the User or of which it could have become aware during the execution of the Contract, in particular with regard to its activity, its turnover , its customer bases, its purchases, its quotes, its invoices or any other data related to the User's invoicing or the User's know-how. The obligation of confidentiality continues beyond the end of validity of these presents, whatever its cause, for an unlimited period.

 
ARTICLE 14: MODIFICATION OF THE TOS

  Factomos reserves the right to modify the T&Cs at any time. In such a case, Factomos will send the Expert User by e-mail the new general conditions of use at least 15 (fifteen) days before their entry into force. From the day of their entry into force, the Expert User must accept the new general conditions of use, by ticking the box provided for this purpose, in order to continue to access the Private Space.

 
ARTICLE 15: MISCELLANEOUS

  Factomos reserves the right to assign, transfer or bring to a third party in any form whatsoever all or part of the rights and obligations of the Contract.

  In the event that one of the stipulations of the Contract is declared null, this nullity will not result in the nullity of the entire Contract and the Parties will endeavor to draw up an appropriate substitution clause.

 The fact for Factomos or for the Expert User not to take advantage of a prerogative granted by the Contract cannot be interpreted as a waiver to exercise this right.

 The Contract is exclusively subject to the application of internal French law.

  In the event of a dispute, the Parties will make their best efforts to attempt to settle the dispute amicably prior to any legal action. In the absence of agreement within 30 (thirty) days of its occurrence, and subject to the applicable mandatory provisions, any dispute relating to the Contract will be brought before the Commercial Court of Paris, notwithstanding multiple defendants, warranty claims and including in summary.

  The T&Cs are written in French. Factomos reserves the right to translate them into any other language and in case of contradiction between the different translated versions, the French version will prevail.

  THE EXPERT USER DECLARES HAVING READ THESE GENERAL CONDITIONS OF USE, HAVING FULLY UNDERSTOOD THEM AND UNDERTAKES TO RESPECT THEIR TERMS AND CONDITIONS.

  FOR ANY QUESTIONS, PLEASE CONTACT US AT contact@factomos.com.